The inherent powers of the court can quash criminal proceedings when the victim expresses no desire to proceed, especially following reconciliation and marriage, despite serious charges under IPC.

JUDGMENT :

A.K. MOHAPATRA, J.

1. The present application has been filed by the Petitioner, invoking the inherent powers of this Court under section 528 of the BNSS, 2023, with a prayer to quash the instant criminal proceeding bearing S.T. Case No.64/222 of 2025/23 (arising out of Sarat P.S. Case No.45 of 2022, dated 28.05.2022) pending in the Court of the learned Addl. Sessions Judge, Udala.

FACTUAL MATRIX OF THE PRESENT CASE

2. The brief outline of the factual background in which the present CRLMC application has been filed, is as follows; initially, a written report, dated 28.05.2022, was lodged by the Opposite Party No.2, who happens to be the victim and informant in the present case, before the Officer-in- Charge, Sarat Police Station. Basing upon such written report, Sarat P.S. Case No.45 of 2022, which corresponds to C.T. Case No.488 of 2022 before the learned S.D.J.M., Udala, was registered against the present Petitioner for commission of alleged offences under Sections 417, 493, and 376(2)(n) of the IPC. Pursuant to registration of the FIR, a copy whereof has been produced as Annexure-1 to the present CRLMC application, the Petitioner was arrested on 21.06.2022 and forwarded to Court.

3. Thereafter, at first, a preliminary Charge-Sheet No.60 dated 26.07.2022 was filed before completion of the investigation. Then, after completion of the investigation, the final Charge-sheet No.70 dated 20.09.2022, provided under Annexure-2 to the present application, was filed against the present Petitioner for commission of offences under sections 417/376(2)(n) of the IPC. After receipt of the Charge-sheet, the case was committed to the court of the learned Sessions Judge, Mayurbhanj and numbered as S.T. Case No.222 of 2023. However, later on in the course of the trial, the records of the case were transferred to the Court of Learned Additional Sessions Judge, Udala and re-numbered as S.T. Case No.64/222 of 2025/23.

4. In the meantime, the Petitioner and the Opposite Party No.2- informant have married each other and are leading a conjugal life. They have also been blessed with a female child subsequently. A copy of the marriage certificate of the parties, and a copy of the birth certificate of their daughter have been appended to the present CRLMC application as Annexure-3 and Annexure-4 respectively. Basing upon the aforesaid subsequent development the Petitioner has approached this Court invoking its inherent powers under Section 528 of the BNSS for quashing of the entire criminal proceeding.

CONTENTIONS OF THE PETITIONER

5. Heard Mr.Pravat Kumar Muduli, the learned Counsel appearing for the Petitioner. The learned Counsel, at the outset, states before this court that the FIR alleging commission of the offences as stated hereinabove was lodged by the Opposite Party No.2 due to a misunderstanding between the parties. It is the contention of the learned counsel that such misunderstanding has now been cleared and the dispute between the parties has been amicably settled. In fact, after the FIR was lodged in the present case, the Petitioner and the Opposite Party No.2 got married. In this regard, the learned counsel for the Petitioner points to the marriage certificate at Annexure-3 to the present application. Additionally, it was also contended before the Court that the Petitioner and the Opposite Party No.2 have in the meantime been blessed with a daughter borne out of their wedlock and, they are currently leading a happy conjugal life, with the informant presently residing at the Petitioner’s house with their daughter. To substantiate his arguments, learned counsel